HomeMy WebLinkAboutResponse to Councilmember O'Connell's Item from 5/2/2016 Cou COMMUNiCA i iUN 8/1/2016
per.
Agenda Item No.
GROUP HOMES AND CA
FACILITIES IN RESIDENTIAL
DISTRICTS
City Council Study Session
August 1 , 2016
� d
Council Request - H Item #
o Staff was asked to review current
statutes and other regulations
relative to the operation of
community-based alcohol and drug
recovery facilities and sober living
homes.
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8/1/2016
Legislation & Litigation
o The regulation of residential use with regard t
group homes and care facilities is an active
area of local legislation, attempt to regulate
o There are a number of surrounding cities with
regulatory schemes that are currently under
challenge (by lawsuit) and judicial scrutiny
o Many judicial outcomes/determinations still
unknown
Omni ull;
III
Legislative History
o Substance Abuse and ,u uul,l
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Crime Prevention Act —
Proposition 36 IRECOVERY
o Community Care " 'll'MI�r
Facilities Act �h
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8/1/2016
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o Community Care Facility — a facility where '
non-medical care and supervision are
A.
provided for children or adults in need of A
personal services. 6
F,
o Group Home — The licensed group home is �F
defined as a facility of any capacity which
provide 24-hour nonmedical care and
supervision to children in a structured
environment.
Fb �
Definitions r
o Drug & Alcohol Recovery or Treatment
Facility — any premises, place, or building
that provides 24-hour residential
nonmedical services to adults who are
recovering from problems related to drug, zF
alcohol, and drug misuse or abuse, and
who need alcohol, drug, or alcohol and
drug recovery treatment or detoxification
services.
California Health and Safety Code—Se
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8/1/2016
Definitions
o Sober Living Home — provides a
substance free, mutually supportive .
living environment for adults recovering
alcoholics and drug addicts.
F;
IN
x
Definitions
o Integral Facilities — Any combination of
two (2) or more group homes which
may or may not be located on the same
or contiguous parcels of land that are
under the control and management of f[-
the same owner, operator, management
company or licensee or any affiliate of
any of them.
RNME
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8/1/2016
Types of Facilities y# �r �9aa
Rehaaikitati6n Entranu,
Community Care Facilities
o These facilities are licensed by the
Community Care Licensing Division of the
State Department of Social Services
o Provide 24-hour non-medical residential
care to children and adults with
developmental disabilities who are in need
of personal services, supervision, and/or
assistance essential for self-protection or
sustaining the activities of daily livin
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8/1/2016
Group Homes ?
o Group homes provide the most restrictive
out-of-home placement option for children
in foster care.
o Provide 24-hour nonmedical care and
supervision to children in a structured
environment, with such services provided
at least in part by staff employed by the
licensee.
Residential Drug & Alcohol , a
Rehabilitation Facility
o Licensed by the State of California
Department of Health Care Services
o Facilities that serve six or fewer persons
that provide residential non-medical
services to adults who are recovering
from problems related to alcohol or
drugs.
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8/1/2016
jI ��
The Law, Regulations - Some Known Legal ;+
. .
o Residential not Commercial �*
o Zoning regulations must be non-
discriminatory under FHA, ADA, and
FEHA
*t� # Y y hy8ykhyyy�y i
Applicable Law on Homes with 6 and under
o Sober Living Homes and Drug Rehab Facilities are
considered `residential" and not "commercial"
o Health and Safety Code, Section 11834.23. OL� �
a Whether or not unrelated persons are livingg°
together, an alcoholism or rug abuse recovery ° .
or treatment facility that serves six or fewer
persons shall be considered a residential use of
property for the purposes of this article. In addition,
the residents and operators of the facility shall
be considered a family for the purposes of a
or zoning ordinance that relates to the
use of property pursuant to
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8/1/2016
Homes with 7 or more
..........................
o While the State licenses residential
facilities of seven members or moreNil
,
cities have some discretion to impose
use conditions and on require permits "
q p �� .
the larger ADP-licensed facilities. (ADP
refers to the California Department of
Alcohol and Drug Programs)
Case Law: No Discrimination VIuIN,,�ui�'�,��u�,�'��
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o The Federal Fair Housing ("FHA") and Americans with
Disabilities Acts ("ADA"), and the California Fair Employment
Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which discriminate against equal housing
opportunities for the disabled.
o Individuals in recovery from drug and alcohol addiction
are defined as disabled under the FHA. (See, Pacific
Shores Properties, LLC v. City of Newport Beach (9th Cir.
2013) 730 F.3d 1142, 1156-57, and U.S. v. Southern
Management Corp. (4th Cir. 1992) 955 F.2d 914, 921 .
N ;t
i
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8/1/2016
Case Law: No Discrimination
o Consequently, cities may not enforce zoning
regulations that treat sober living facilities
differently than other similar uses in single-family
residential zones.
o Further, when requested in individual cases, cities must
grant "reasonable accommodations" to their zoning so
that the disabled will have an equal opportunity to enjoy
the housing of their choice. (wi v. Town of Carefree (9th
Cir. 2008) 518 F.3d 1109, 1119; City of Edmonds v
Oxford House, Inc. (1995) 514 U.S. 725, 7
Sober Living Homes of 6 and Un
o Do not require a license.
o In order to be classified as a sober living home, no
treatment can be given onsite. If treatment is given
onsite, the home is a recovery or treatment facility
operating without a license.
o Services are not provided on-site but residents may
engage in self-help individually or with others.
o Sober living homes are classified as "households" or
"single housekeeping units"
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8/1/2016
1VPolice Department Response
Enforces the following sections of the
Municipal Code:
- Section 8.40 Noise Control
- Section 10.40 General Parking
Regulations
- Section 17. 10.050 — Nuisance
Designated
Code Enforcement Response
Enforces the following sections of the
Municipal and Zoning Code:
- Section 8.40 Noise Control
- Section 10.40 General Parking Regulations
- Section 17. 10.050 — Nuisance Designated
- Section 17.040.020 — Construction Without
Permit
- Section 210.04 — Land Use Controls,Yry; a{
1Section 17920 3 Hea_1ftL S
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8/1/2016
Fire Department Response ,N_
o Health and Safety Code Section 13235* i �.
— the local fire enforcing agency shall
conduct a pre-inspection of the facility
prior to the final approval.
Does not apply to Sober Living Homes
•. s
How are Other Cities Regu lati ng °+
'.
(Over Six Occupants)?
. M,
o Costa Mesa . - a
s
o Newport Beach i
o San Juan Capistrano
o San Clemente
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Council Re #27,1.
q uest - H Item
o Conduct the necessary research to
hy,
explore options available to the City to
°
require residential properties providing
recovery, health, and/or medicalME
services (for rent(s) and/or fee(s)) to ' °
comply with all applicable State and °
Federal laws (including ADA
requirements for the disabled).
State/ Building Codes vs. ADA
Pl ,
o The City does not have the authority to enforce the ADA on „r
behalf of the federal government. pi
o However, the City has adopted numerous uniform codes,
such as the Uniform Building Code. Often times these
uniform codes contain design and construction standards
that provide accessibility for disabled persons. Design and I
construction under State and local codes complies with the
ADA only when the codes provide accessibility that equal
or exceeds the ADA requirements.
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8/1/2016
State/Building Codes vs. ADA Con .
o These codes are found in Title 17 of the Huntington Bea
Municipal Code and include the Uniform Building Code,
Housing Code, Mechanical Code, Plumbing Code, the
International Fire Code, and many others.
o The enforcement of these uniform codes is the
responsibility of the City - usually through plan reviews an
building inspections. Effective enforcement of local unifor
codes that include accessibility standards can mitigate th
need for federal enforcement by ensuring that new
altered buildings are accessible to the disab -
{]V tY NON"
Questions?
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13
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, August 01, 2016 11:20 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#27010 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: John Grace
Description: I am writing in support of Sober Living Houses within residential zoned areas. I believe
that they are a great community resource and part of a larger effort to treat the substance
abuse and homelessness that are affecting our communities.
While I do agree that there needs to be a mechanism to force compliance with
community standards on noise, parking and resident's behavior it seems to me that we do
this with the CUP on commercial businesses elsewhere and that this is a good way to
regulate these businesses as well. I encourage you to not proceed the way Costa Mesa
did and eliminate SLH's but to proactively address citizen concerns with the owners and
residents through the permit process.
Thank you.
John Grace
6232 Larchwood Dr
92647-2306
714-903-9282
Expected Close Date: August 2, 2016
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
l 'L ^' r a
COMM U N
Agenda item No,
1
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Request: 27010 Entered on: 08/01/2016 11:19 AM
Customer Information
Name:John Grace Phone:(714) 903-9282
Address:6232 Larchwood Dr Alt..Phone:(714) 887-7851
Huntington Beach, CA Email:HBGraceman@gmail.com
92647
Request Classification
Topic:City Council -Agenda & Public Request type:Comment
Hearing Comments
Status:Closed Priority:Normal
Assigned to:Agenda Alerts Entered Via:Web
Description
I am writing in support of Sober Living Houses within residential zoned areas. I believe that they are a
great community resource and part of a larger effort to treat the substance abuse and homelessness that
are affecting our communities.
While I do agree that there needs to be a mechanism to force compliance with community standards on
noise, parking and resident's behavior it seems to me that we do this with the CUP on commercial
businesses elsewhere and that this is a good way to regulate these businesses as well. I encourage you
to not proceed the way Costa Mesa did and eliminate SLH's but to proactively address citizen concerns
with the owners and residents through the permit process.
Thank you.
John Grace
6232 Larchwood Dr
92647-2306
714-903-9282
Reason Closed
Thank you for taking the time to send your thoughts to the City Council. A copy of your comments has
been forwarded to the City Clerk to be included in the record on this item. Thank you very much for
writing.
Sincerely,
Johanna Dombo
Executive Assistant
Date Expect Closed: 08/02/2016
Date Closed: 08/01/2016 11:40 AM By: Johanna Dombo
Enter Field Notes Below
Notes:
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Print Request Page 2 of 2
Notes Taken By: Date:
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Print Request Page 1 of 1
Request: 27011 Entered on: 08/01/2016 1:31 PM
Customer Information
Name:Andrew Gill Phone:(714) 313-5926
Address:5651 Marshall Deive Alt. Phone:(714) 846-5183
Huntington Beach, CA Email:agill@fullerton.edu
92649
Request Classification
Topic:City Council -Agenda & Public Request type:Comment
Hearing Comments
Status:Closed Priority: Normal
Assigned to:Agenda Alerts Entered Via:Web
Description
We just learned that there is a residential care facility going in the house next to us. This is for recovering
alcoholics. How can the city allow such a thing. This is really a disgrace. Do we have any recourse. This
is very sad.
Reason Closed
Thank you for taking the time to send your thoughts to the City Council. A copy of your comments has
been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the
record on this item. Thank you very much for writing.
Sincerely,
Johanna Dombo
Executive Assistant
Date Expect Closed: 08/08/2016
Date Closed: 08/01/2016 1:48 PM By: Johanna Dombo
Enter Field Notes Below
Notes:
Notes Taken By: Date:
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